Legal Opinion

Penny v. Penny

New Jersey Court of Chancery

Decided October 11, 1917PublishedCited by 6 opinions

On order to show cause.

1Opinion of the Court

Backes, V. C.

This matter is before the court on an order to show cause why a ne exeat bond should not be forfeited and the. penalty paid into court, following the practice in Schreiber v. Schreiber, 85 N. J. Eq. 303. The surety claims exoneration because the petition for divorce was amended, substituting a cause of action different'from the one pleaded when the bond was given.

The petition was filed October 13th, 1916, charging that the petitioner was compelled to leave her husband because of his. extreme cruelty — the acts of cruelty are recited in detail — and praying -that she be divorced a…

2Cases cited7 opinions

  1. Miller v. StewartSupreme Court of the United States · 1824
  2. Prince v. ClarkMassachusetts Supreme Judicial Court · 1879
  3. Dunsmoor v. Bankers Surety Co.Massachusetts Supreme Judicial Court · 1910
  4. Fish ex rel. Smith v. BarbourMichigan Supreme Court · 1880
  5. Cassidy v. Saline County BankCourt Of Appeals Of Indian Territory · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Prudential Ins. Co. of America v. RosenthalNew Jersey Court of Chancery · 1931
  2. Bell v. Merchants B. L. Assn.New Jersey Court of Chancery · 1942
  3. Beekwilder v. BeekwilderNew Jersey Superior Court Appellate Division · 1953
  4. Foote v. FooteNew Jersey Court of Chancery · 1927
  5. Richards v. RichardsNew Jersey Court of Chancery · 1936

1 more not listed; retrieve them via the Exa API.

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